Common use of CAPACITY TO ENTER INTO AGREEMENT AND PLAN INSTRUCTIONS Clause in Contracts

CAPACITY TO ENTER INTO AGREEMENT AND PLAN INSTRUCTIONS. You represent and warrant that you have the power and authority to act on behalf of the Plan and the Sponsoring Employer of the Plan identified in the Account Application, to open a securities account, to purchase investments from and enter contracts with LPL and to authorize LPL to conduct securities business on behalf of the Plan. You agree to notify LPL and your Representative, in writing, of any amendments to the Plan, any change in persons authorized to act on behalf of the Plan, including but not limited to the Plan administrator, signatories, trustees or authorized agents, or any other event that could alter the representations and warranties stated herein. You will provide LPL with all necessary authorizations to open accounts and effect transactions in securities under this Agreement. LPL is permitted to rely upon your instructions and authorizations, as well as any other person whom the Plan or Sponsoring Employer may designate from time to time or any other person having apparent authority to act on the Plan’s behalf. LPL may take reasonable and necessary steps to carry out the instructions and to implement such other actions that are authorized for the Plan from time to time. If your authority is terminated, the other authorized agents or agent of the Sponsoring Employer will promptly give LPL notice; but, until LPL’s receipt of such notice, LPL is authorized to rely upon the agency authority granted pursuant to this Agreement. LPL will not be responsible for the authorized agents’ services, or the decisions or consequences of the authorized agents’ decisions. The Plan, the Sponsoring Employer and the authorized agents agree to hold LPL harmless from any loss, cost, expense, damage, claim, or liability arising from the authorized agents’ decisions, instructions, acts or failures to act.

CAPACITY TO ENTER INTO AGREEMENT AND PLAN INSTRUCTIONS. You represent and warrant that you have the power and authority to act on behalf of the Plan and the Sponsoring Employer of the Plan identified in the Account Application, to open a securities account, to purchase investments from and enter contracts with Equitable Advisors and LPL and to authorize Equitable Advisors and LPL to conduct securities business on behalf of the Plan. You agree to notify Equitable Advisors, LPL and your RepresentativeFinancial Professional, in writing, of any amendments to the Plan, any change in persons authorized to act on behalf of the Plan, including but not limited to the Plan administrator, signatories, trustees or authorized agents, or any other event that could alter the representations and warranties stated herein. You will provide Equitable Advisors and LPL with all necessary authorizations to open accounts and effect transactions in securities under this Agreement. Equitable Advisors and LPL is are permitted to rely upon your instructions and authorizations, as well as any other person whom the Plan or Sponsoring Employer may designate from time to time or any other person having apparent authority to act on the Plan’s behalf. Equitable Advisors and LPL may take reasonable and necessary steps to carry out the instructions and to implement such other actions that are authorized for the Plan from time to time. If your authority is terminated, the other authorized agents or agent of the Sponsoring Employer will promptly give Equitable Advisors and LPL notice; but, until Equitable Advisors and LPL’s receipt of such notice, Equitable Advisors and LPL is are authorized to rely upon the agency authority granted pursuant to this Agreement. Equitable Advisors and LPL will not be responsible for the authorized agents’ services, or the decisions or consequences of the authorized agents’ decisions. The Plan, the Sponsoring Employer and the authorized agents agree to hold Equitable Advisors and LPL harmless from any loss, cost, expense, damage, claim, or liability arising from the authorized agents’ decisions, instructions, acts or failures to act.